Other conditions decisions — 2009

The Veteran's hyperinflation of the lungs was not present in service and is not etiologically related to service, including exposure to ionizing radiation or herbicides. Service connection for this condition cannot be granted.

The Veteran's appeal is being remanded to obtain additional VA treatment records and for a new VA examination to assess the current severity of his left sternoclavicular strain.

The Veteran's claims for increased ratings for residuals of a fractured maxilla and skull fracture are being remanded to allow for additional examinations and consideration.

The Veteran's claim for payment or reimbursement of unauthorized private medical expenses incurred from June 14, 2007 to June 16, 2007 is granted because VA facilities were not feasibly available during his admission at Fremont Area Medical Center.

The Board denied the claims for earlier effective dates for the assigned ratings of cold injury residuals and headaches, finding no legal merit in the Veteran's arguments.

The Board has remanded the case due to inconsistencies in the evidence regarding whether the Veteran was a former prisoner of war, and for proper notice under Hupp v. Nicholson.

The Board denied an increased rating for the Veteran's service-connected right hand disorder, finding no medical evidence of arthritis or other compensable conditions warranting a higher evaluation.

The Board found that the Veteran's malignant follicular lymphoma was not incurred in or aggravated by active service, and its incurrence or aggravation during active service may not be presumed. The claim for service connection was denied.

The Board has determined that the Veteran's current eye disorder, diagnosed as meibomian gland dysfunction, is related to service and grants service connection for this condition. The claim for refractive error of the eyes was denied due to it being a developmental defect not subject to service connection.

The Board denied the appellant's claim for VA non-service-connected death pension benefits because there was no verified service of the decedent in the United States Armed Forces, and thus the appellant did not meet the legal requirements for eligibility.

The Board has determined that the Veteran's current chest pain and respiratory disorders are not related to his military service, any service-connected disorder, or herbicide exposure. Therefore, these claims for service connection have been denied.

The Board has remanded the case for additional development, including obtaining paraffin blocks from a previous lung surgery and providing VCAA notice.

The Board has determined that the Veteran did not timely file a Notice of Disagreement (NOD) with the effective date assigned for the grant of service connection for right forefoot amputation. The appeal is denied.

The Veteran's muscle atrophy and associated scar do not warrant a rating higher than the current 10 percent evaluation.

The Board has remanded the case for additional development due to an inadequate VA examination.

The Veteran's claim for service connection for a pulmonary disorder, claimed as a residual of asbestos exposure, is being remanded due to the need for additional development including a VA examination and consideration of all submitted evidence.

The Board denied the Veteran's claim for service connection for residuals of epididymitis, to include sterility. The case is being remanded for further development and examination.

The Board has determined that the Veteran's low back disorder was not incurred or aggravated by his military service and therefore denied his claim for service connection.

The Board has denied the appellant's claim for an evaluation in excess of 30 percent for his service-connected residuals of a shell fragment wound to the left eye, including diplopia. The RO assigned a noncompensable rating initially and later increased it to 30 percent effective June 27, 2001.

The Board denied the appellant's claim as she did not meet the criteria for being recognized as a 'helpless child' of the Veteran on the basis of permanent incapacity for self-support prior to attaining age 18, for Department of Veterans Affairs death pension benefits.